Volume 3 Chapter 78 The New Han Law (3)

At the beginning of the rain, the sky was clear, and there were white clouds floating in the blue sky. The moist light is verdant, a few small flowers swaying in the wind, yellow like gold, red like agate, white like new snow, pink like clouds, adding a bit of vitality. A breeze blew, bringing the freshness of the grass and trees, and there was a faint sound of footsteps.

Zhang Han looked up from the pile of papers, but saw Zhong strolling along the cobblestone path. In the distance, Zhong saw Zhang Han from the window, and saluted from afar. Zhang Han also nodded with a smile and said hello.

"Oh, it's the chief of the yuan...... "Famous Rules", what is this?"

On the booklet handed over by Zhong, there are three big characters of "Famous Laws and Regulations", and there is also a small text written next to it: "The law shall judge the sin, and the text of the law shall be ordered; If there is no text, it will be judged by the name; Nothing to mention in the text or in the name."

This is, Zhang Han looked at the species suspiciously.

"Prime Minister, don't you want to write a general rule of law that day......

Zhong avoided the sun and sat on the right side.

"Well, that's it. Yuan Chang...... Uh, wouldn't it? So fast! ”

Zhang Han hesitated, and suddenly had an idea. He couldn't believe it, how easy it was to make the law, everything was ready, it took nearly a year for Zhong to make it, and he had only been talking about the general rules of the law for three days, could it be ......

"Exactly!"

Zhong smiled and was quite proud. Zhang Han's look of disbelief greatly satisfied his vanity.

"After the Prime Minister's orders that day, I didn't dare to slack off. When I got back, I immediately started compiling it, thinking it would take a while. I didn't think about it, but if I had God's help in the next pen, I would have completed it in two days......"

"Oh, I'll take a look at ...... first."

Zhang Han said secretly, this clock can't be perfunctory, right?!

Zhong Xian reviewed the history of Chinese laws in a length of nearly 1,000 words, described the practical significance and necessity of the laws, and emphasized the fundamental principle of the laws and regulations -- "virtue is the main punishment and the auxiliary".

Then, Zhong Cai elaborated on the 12 principles of the legal age: "If the monarch has no general, he will be punished", "Be sympathetic to the old and the young, women and children", "Kiss the prime minister and hide it (kiss each other)", "Discuss the crime from the original heart", "The nobles and bureaucrats are guilty first", "Strict management of officials", "Crimes without justice and law are not corrected", "Surrender and be exempted)", "Guarantee the conviction of the innocent" and "False accusation and sit back". Under each of these 12 principles, there are a number of detailed rules that explain, supplement and regulate each principle.

All in all, the "Famous Laws and Regulations" are still based on the "Three Guidelines" and "Five Constants" as the criteria, and follow Xun Zhongshu's proposition of "moral master, criminal auxiliary".

However, Dong Zhongshu was idealized a little, but Zhang Han didn't have too many opinions. After all, Confucianism is deeply rooted in the hearts of the people, and it is not something that Zhang Han can easily change. Besides, many of them are timeless.

For example, if the monarch has no generals, he will be punished -- the supremacy of the monarch is in line with Zhang Han's own interests. He has not yet become the emperor, but anyone with a discerning eye knows that it has been three years and five years. This cannot be changed.

Also, showing mercy to the elderly, children, women and children - lenient punishment for the elderly and children who commit crimes; Strictly administer officials - must be officials in different places, and must not marry the people, etc.; Crimes are not punished if there is no legal rectification - if the law does not expressly stipulate it, it will not be punished; The law does not apply retroactively - the past is not to blame;

These principles are all reasonable, and Zhang Han naturally will not oppose them. However, Zhang Han also has unacceptable.

The old rules, Zhang Han first praised the bell. Anyway, Zhong's article was beautifully written and did a good job.

Zhong compiled the "Famous Rules", which was completed in two days. It seems incomprehensible, and when you think about it, there is nothing bizarre. When Chung made the law, these principles must have taken shape in his mind. At this moment, the general rules of the law were written, and Zhong Fang waved it.

These are all things that flash in thought, Zhang Han is invisible, and after praising Zhong, he said his different opinions:

"Yuan Chang, there is also something debatable in this......

Zhong Wenyan smiled, and waited for the right color:

"Prime Minister, please have something to say."

"First of all, let's talk about the ...... of 'first accusing oneself'"

Zhang Han looked at the clock, the clock turned his brain quickly, but on the surface, he was a picture of a calm and calm appearance, without revealing the slightest color. Zhang Han observed, but there was no stiffness in his mouth:

"The intention of 'suing and exonerating oneself first' is good, and encouraging criminals to surrender is the way of forgiveness of saints. However, I think there will be omissions in the actual implementation. Suppose someone commits a crime and then turns himself in immediately to avoid getting rid of the crime, then isn't the law a dead letter? ”

"Prime Minister, the "Law of Names" is only a general rule, and when it is actually implemented, the officials who decide the case will consider the specific situation......"

Zhong disagreed. To be honest, when it comes to actually adjudicating a case, very few officials will cite this article.

Zhang Han smiled:

"Yuan Chief, the establishment of the law is very important, it is better to be stricter. I think it's better to change it to 'sue yourself first to mitigate your guilt'. What do you see? ”

One exempted, one mitigated, and the difference is not very large. And Zhang Han's suggestion is obviously more operable, Zhong nodded briskly:

"I was negligent

It's still so good......"

"What did the chief say?! This is the case with Han law, and it is not the fault of the Yuan Chang......"

After achieving his goal, Zhang Han didn't care about himself, and casually comforted a few words.

"Secondly, this kiss has to be hidden ...... prime minister"

This principle is derived from Confucius's Confucian classic "On the Concealment of the Father, Straight in It." "Established by Emperor Xuan of the Western Han Dynasty in the form of an edict, it stipulates that the inferior and the superior shall not be held criminally responsible. In addition to capital crimes, respect for the elders and the inferior can apply for reduction of criminal responsibility.

Zhong Ke disagreed, he puffed up his chest and looked at Zhang Han:

"Prime Minister, what's wrong with this?"

"Yuanchang, there are priorities for sin, there are forgivable and unforgivable; Relatives are close and close; There must be a standard! ”

"This ......"

Zhong has also thought about this problem, you can't commit a big crime of rebellion alone, and people who can't hit with eight poles can also kiss and hide each other?!

"Chief, let's elaborate a standard, for example, how about the immediate family, how about the non-immediate family, and the standard for concealing the guilt......"

"The prime minister's words are reasonable, and after I revise them, I will come back to discuss with the prime minister. However, when it comes to kissing and hiding, what should the slave do? ”

"Well, slave......"

Zhang Han twisted his beard lightly, groaned, and did not speak for a long time.

There is a difference between good and low, and this slave is also included in the scope of intimacy, and he disagrees. But the slave knew almost all about his master's house. According to the law of etiquette, the master and the servant are like kings and ministers. If he says no, I'm afraid it will be difficult for Zhong to agree. Zhang Han agreed. However, on second thought. Wrong! If there is a difference between the good and the low (master and servant) and the noble and low (the official and the people), then his heavy reward for whistleblowers will not become a dead letter?

On that day, Zhang Han took a big step back and limited the matter of strengthening supervision to the soap servants. Xu Officials Soap Service is not an official title, usually refers to a small official who does not enter the stream. Scholars rarely serve as such small officials, so although Zhong felt that it was inappropriate, under Zhang Han's high pressure, he did not oppose it strongly. However, that is the usual saying, and sometimes it also includes the Dousheng officials, and even the hundred stone chiefs. These positions are the first step for most scholars to enter the ranks. It seems that Zhong is very unwilling to come back to his senses

Zhang Han looked up at the clock, and said in his heart, this old gentleman is also full of heart.

With a cough, Zhang Han began to go online:

"Yuan Chief, the king is the minister, this is the top priority, everything should be based on this......"

Zhong's eyes narrowed slightly, and he didn't know what he thought, but Zhang Han ignored it and continued to explain:

"In the case of felonies such as rebellion, murder, and bribery, slavery should also be applied to the ...... of 'intimacy'"

"Prime Minister!"

Zhong Shen shouted. Zhang Han's reaction was fast, but he still had to say something. Zhong turned over and bowed down, bitterly stating the stakes:

"If you are observing, there will be no disciples, and if the water is clear, there will be no fish, and the bustle of the world will be profitable, and the hustle and bustle of the world will be profitable. The prime minister cares about the people, and Zhong is not ignorant. However, at this time when the world is undecided, it is not the time to make a big move, please think twice! ”

Zhang Han frowned, very annoyed, and then a little happy. With his high position and power, his wife and children will inevitably have scruples, and there are fewer and fewer people in his subordinates who are willing to talk to him in their hearts. No matter how Zhong thinks about it, it is rare to choose to assist him after all. What's more, what Zhong said is not unreasonable.

Forget it, he'll take a step back......

calming the waves in his heart, Zhang Han did not delay for a moment, and said in a loud voice:

"Yuan Chang, please get up! Hurry up, please! ”

But Zhong refused to get up:

"Prime Minister......

Confucianism has always advocated indoctrination, moral education is the main thing, and law and the like are only auxiliary tools; The whole doctrine of Confucianism is based on etiquette and pays great attention to hierarchy. Most of the scholars have a good background, and their knowledge is not comparable to ordinary people, and the officials are all from it, and their status is far above that of ordinary people. Now, Zhang Han proposed that civilians should be used to supervise officials, which greatly damaged the self-esteem of scholars and infringed on their rights and interests, which was unimaginable and unacceptable to them.

Moreover, these petty officials have been passed down from generation to generation, and they colluded with the powerful surname to control the local government, and the edict greatly damaged their interests. Therefore, as soon as the edict was announced, it caused an uproar, and countless opponents criticized it.

Zhong, as a court lieutenant, bore the brunt of the attack and was denounced as "the villain". Many relatives and friends came to him to inquire about the news and persuade him that this matter was not feasible. And all localities are also watching each other, and they are unwilling to act according to orders. The edict was issued for several days, but it was not posted in many places. Zhong Wei is afraid that if this continues, someone will take the opportunity to make trouble.

In these circumstances, Zhang Han has already received information, and he has already agreed in his heart, but he refuses to let go easily, and waits for the pleading again and again, and then he makes a helpless appearance and relieves his mouth:

"Yuan Chang, the matter of supervision, is just for the small officials who are not in the stream, and Yuan Chang doesn't have to worry. A well-educated person is always a little shameful, and he doesn't need to be like this......

As for the lawless servants, the chief doesn't have to take it to heart, I have my own opinions! ”

Not to mention that there is a salary, even if there is no salary, there are many people who are willing to serve as servants. Zhang around the garrison secretly raised the vigilance, heart

Don't panic.

Zhong hesitated, knowing that Zhang Han had made a clear scope and was already a great concession, so he bowed, got up and said:

"The prime minister is wise!"

Zhong went to a stone in his heart, and for a moment he was worried and happy. Although Zhang Han limited the scope, he obviously refused to go back on his word and publicly announced that it was only reflected in the law at most. There are many ignorant people in the world, but few people are knowledgeable. Zhong's villain hat is going to continue to be worn for a while. However, Zhong also hated the soap servants very much, and he would not speak for them.

Immediately, Zhang Han put forward some suggestions. Zhang Han only knows the surface of modern law, but he can point out the direction at this moment, and he does not need to explain it in detail. Fur is also sufficient. Repeated offenders are punished with increased punishment, combined punishment for several crimes, the death penalty repeat system, the first trial, appeal, final trial, heavy evidence and light confession, restrictions on torture, etc., Zhang Han thought of where to say, regardless of whether it was organized or not, and pointed fingers and talked for more than an hour. Zhong Yun's pen is flying, while recording, he sighs again.

Zhang Han said with great interest, and when he talked about dry mouth, he refused to give up, and drank a few cups of tea, and he suddenly criticized Dong Zhongshu's "moral master and legal assistant":

“……

Yuan Chang, this 'moral lord and legal auxiliary' is a bit out of place, you see how 'the beginning of virtue is the foundation of politics, and the punishment is more important than the use of government'......"

"The beginning of morality is the foundation of politics, and punishment is the use of politics ......"

Zhong Nian chattered a few times, and felt that this was also in the past. Since Zhang Han has given face, Zhong Zi wants to give some face. Besides, Zhang Han's words, the more he read it, the more flavorful it became. As a result, Zhong couldn't help but flatter the words rolled in, and Zhang Han, who was straight up, laughed, and a trace of annoyance disappeared in a blink of an eye. While being satisfied, Zhang Han looked at Zhong Bujue and was much more pleasing to the eye.

After sending the bell away, Zhang Han frowned slightly, thoughtfully. After a long time, he rubbed the sore swelling between his eyebrows and decided to put the matter down. This temptation was unsatisfactory, Zhang Han had already expected.

To put it bluntly, thousands of miles are only for money. A small number of officials still have the idea of "serving as an official for one term and benefiting one party." The black eyes of those little officials only recognize the silver of white flowers. Before, these officials didn't even have salaries. It can be said that there is no official who has never accepted money from others and extorted money. No one has too much money, and the officials have developed a habit, where is it so easy to stop. Cutting off people's financial means is like killing your parents!

As for asking the officials to agree and the people to supervise themselves, it is even more difficult to think about it. No one wants to be supervised unless absolutely necessary. Zhang Hanzi never really expected that such a thing would happen.

"Good will be rewarded with good, evil will be rewarded with evil, it's not that you don't report it, the time has not come, and when the time comes, ......"

After figuring it out for a while, Zhang Han muttered a few words, and let go of the matter. When everything is in place, it will be known. However, the fierce opposition also gave him a wake-up call. Zhang Han decided that he must strengthen the security work. From today onwards, the use of silver cutlery will be restored, the number of guards will be increased, and it will be strictly scrutinized. Maybe it's a bit of a grass and trees, but thinking of the far-reaching impact of the various policies he implements, Zhang Han has to guard against it.

At the beginning of April of the second year of Jian'an (197), Zhang Han promulgated the "Decree of Examination Officials", announcing that in the future, Xu officials must be appointed only after completing compulsory military service, otherwise, they must be at least 30 years old (this is a reaffirmation of the military service decree); In addition, the servants must be selected openly, and they are not allowed to be taught or received privately, and public examinations are held every year to select the best from among the applicants. In addition, those who have made military merits at the third level can be hired on a priority basis -- "fill every vacancy."

This military merit is the 20-level military merit system of the pre-Qin Dynasty. For each level of beheading in the first ten levels, it is a first-class military merit; For each of the last ten levels of beheading, it is a first-class military merit. It is said to be a beheading, but in fact, it is not necessary to take the head, but to check it after the war. Officers at or above the intermediate level cannot charge ahead, and there is another way to record meritorious service.

In the Great Han Kingdom, military merit was of little use, and laws and regulations such as the field house could not be implemented. After a long time, military merits are not taken seriously. In Zhang Han's army, arrogance is different. The bonus after meritorious service may not be much, but the issuance of military merit medals is extremely solemn, and generally there must be a general-level general, at least the chief general of the first army personally presiding. The allowance paid at the time of retirement will also be much more generous - and the same will be true for the pension. Military merit is especially effective when it comes to promotion to military ranks. With the difference in military service time (referring to professional soldiers) and military exploits, when distributing fields, you can also receive another copy.

In troubled times, power comes out of the barrel of a gun. Zhang Han knows that the lifeblood of his body is tied to the army, so he is extremely tolerant to soldiers (very harsh to generals). So it's not a surprise.

Of course, in the selection of the soap servants, there will definitely be people who do tricks. However, no matter how he did it, he didn't dare to do it all. Running water does not rot, and the hub does not. As time goes by, it will naturally be different. Anyway, no matter how bad it is, it won't be worse than it is now.

PS: The following does not count as a word count

I've finally finished writing the law, and I'll never write this thing again, and I'm going to catch up with the graduation thesis.

Sweat! The speed is as slow as a snail, so I changed it to two days and one more. I owe three and a half chapters, and I will delay it for two more days, and after I owe five chapters, I will round it up......

Haha――

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